UNION OF INDIA Vs. VINAYA VILAS SAWANT

JUDGEMENT

(1.) These are two revision petitions filed against the impugned order dated 17.03.2009, passed by the Maharashtra State Consumer Disputes Redressal Commission (for short 'the State Commission') in first appeal, FA No. 2209/2004, "Smt. Vinaya Vilas Sawant versus Union of India," vide which, while allowing the said appeal, the order passed by the District Forum, Mumbai, dismissing consumer complaint No. DF/MSG/1210/99 was set aside.

(2.) The facts of the case are that the complainant Smt. Vinaya Vilas Sawant who is employed as a telephone operator in the Mahanagar Telephone Nigam Limited (MTNL), Mumbai, sustained serious injuries due to sudden collapse of a railway over-bridge at Jogeshwari railway station in Mumbai. As per the complainant, she was a second-class railway pass-holder, entitled to travel between Borivali and Churchgate and used to travel to her office every day from Jogeshwari to Churchgate. However, on 28.09.1992, at about 8:30_PM, when she was returning home alongwith her husband from Ghatkopar in Mumbai (Ghatkopar is not on route from Borivali to Churchgate) they used the railway foot-bridge to come to Jogeshwari (East). The said bridge suddenly collapsed and both she and her husband came down on the railway track 22 - 25 ft. deep and suffered serious injuries. Both of them lost their consciousness and were removed to Cooper Hospital in Juhu and were admitted there as indoor patients. As a consequence of the collapse of the railway bridge and steep fall on the ground alongwith falling debris, she sustained the following injuries, as per the injury certificate issued by the Hospital:-

(3.) The case of the complainant is that as a result of the said accident, she suffered permanent disability of high order and hence, she had been robbed of the basic comforts of life, peace of mind and happiness in living, including the conjugal rights. She also lost her jewellery in the accident. Moreover, she had to remain on medical leave for more than 2 years. The OP Railways was, therefore, liable to pay damages and compensation to her. The complainant also stated that a departmental inquiry was got conducted by the OP to determine the cause of the accident and the persons responsible for the same. It was revealed from the inquiry that the over-bridge had collapsed due to corrosion of weld, connecting the cross guarders to the boom of the foot over-bridge. The staff responsible for the same was also named. The complainant further stated that a pauper petition was filed in the Bombay High Court on 06.09.1993, claiming a sum of Rs. 7,30,000/- by way of damages and compensation, but was subsequently withdrawn by her on 29.10.99. The complainant has given calculations in the complaint for a claim of Rs. 5,88,700/-, but demanded a compensation of Rs. 4,95,000/- from the OP alongwith interest @18% p.a.